Legal Services Commission: Funding Criteria

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether the Lord Chancellor will amend the guidance given to the Legal Services Commission, under Section 23 of the Access to Justice Act 1999, so as to prescribe the criteria to be used by the commission in order to comply with the positive obligations imposed by Article 6(1) of the European Convention on Human Rights.

Lord Irvine of Lairg: I am confident that the scope of the Community Legal Service and the criteria used to decide funding applications in ordinary cases are compliant with the ECHR and need no amendment. However, in the light of the recent High Court judgment in the case of R -v- Legal Services Commission and Lord Chancellor's Department ex parte Jarrett, I intend to amend the criteria used to decide exceptional applications for funding in cases that are outside the scope of the scheme. The Legal Services Commission will shortly publish a new draft for consultation and it will take effect as soon as possible after that. Meanwhile, the commission will use the criteria in the consultation draft in deciding whether to refer applications to me under s.6(8)(b) of the Access to Justice Act 1999.

Legal Services Ombudsman's Annual Report

Baroness Pitkeathley: asked Her Majesty's Government:
	When they intend to publish the annual report of the Legal Services Ombudsman for 2000-01.

Lord Irvine of Lairg: The Legal Services Ombudsman has today published her tenth annual report and copies have been placed in the Libraries of both Houses.

Asylum Appeals: Transfer to Appellate Authority

Lord Avebury: asked Her Majesty's Government:
	How many files relating to asylum applications which had been refused are awaiting transfer to the appellate authorities.

Lord Rooker: Provisional data indicate that on 30 May 2001 there were approximately 33,000 appeals lodged with IND which had not yet been sent to the Immigration Appellate Authority.
	For every appeal lodged, IND has to review the grounds advanced and may as a consequence need to reconsider all the circumstances of the case. Appeals are not forwarded to the IAA until this consideration has been completed and appeal papers have been prepared.

Slopping Out in Prisons

Lord Lester of Herne Hill: asked Her Majesty's Government:
	How many inmates in HM Prisons in (a) England and Wales and (b) Scotland respectively are contained in conditions in which they are required to slop out and in which establishments they are being detained; and what are the relevant categories of inmates kept in such conditions; and
	What is their programme and timetable to end the practice of slopping out in HM Prisons in (a) England and Wales and (b) Scotland.

Lord Rooker: There are no prison establishments in England and Wales where slopping out is part of the standard operational regime. Twenty-four hour access to sanitation is provided in normal location accommodation by means of integral sanitation, electric unlocking, manual unlocking or open access.
	There are three wings across the prison estate on normal location where manual unlocking at night is still undertaken by officers. Buckets are also provided in these wings for prisoners as an alternative to calling an officer to manually unlock them. These wings are:
	Dartmoor C Wing, which currently holds 34 Category B prisoners.
	Exeter D Wing, which currently holds 40-45 young offenders.
	Swansea B Wing, which currently holds four Category B prisoners.
	Integral sanitation was not provided in these wings originally because the intention was either to close them or carry out refurbishment work. Plans to refurbish the wings are currently being developed for consideration.
	Not all cells in segregation units and health care centres, which are not usually classified as normal location, have integral sanitation, and there is currently a programme under way to provide integral sanitation in such cells where this is considered to be appropriate. However, there will continue to be a proportion of cells in these facilities where sanitation is not provided for operational reasons.
	The Scottish Executive should be approached about matters relating to the Scottish Prison Service.

Foot and Mouth Disease

Lord Greaves: asked Her Majesty's Government:
	What progress has been made in identifying the cause of the outbreak of foot and mouth disease; and when they expect to report to Parliament on this matter.

Lord Whitty: The current epidemic has been caused by a specific strain of the foot and mouth virus (PanAsian Strain O) which has occurred in a number of countries around the world. The precise means of the introduction of the virus into Great Britain is unknown and the subject of continuing investigations, but is most likely to have been introduced in imported meat or meat products.

Foot and Mouth Disease

Lord Greaves: asked Her Majesty's Government:
	What is their latest information on the relative importance of the mechanisms for the spread of foot and mouth disease and in particular spreading by the wind, movements of vehicles and machinery, farm workers and itinerant contract workers, wild animals, and recreational walkers on footpaths and in open country.

Lord Whitty: Each infected premises is subject to epidemiological investigations to determine the source of infection and therefore the most likely means of transmission. The results of these investigations on the first 1,706 infected premises are given in the following table:
	
		
			  Number of cases Percentage of cases 
			 Airborne(1) 7 <1% 
			 Dairy tanker 5 <1% 
			 Infected animals 84 5% 
			 Local spread 1,381 81% 
			 Other fomite(2) 9 1% 
			 Person 60 4% 
			 Truck 18 1% 
			 Under investigation 142 8% 
			  
			 Total 1,706 100% 
		
	
	Footnote:
	(1) Cases infected by windborne spread from infected pigs.
	(2) A fomite is defined as any inanimate object capable of carrying the virus.
	Windborne spread has not been a feature of the current epidemic because only 10 pig herds have become affected so far. Pigs are the major source of virus for windborne spread because of the relatively large excretion of virus from their respiratory tracts, as compared to that from cattle, sheep and goats.
	Local spread is the attributed source of infection when infected premises are within 3km of another infected premises and there are a number of possible sources such as farm machinery and vehicles, contaminated roads, feed lorries and local aerosol transmission. The last of these is impossible to attribute specifically to individual infected premises as it cannot be distinguished from other means of local spread.
	Itinerant contract workers have been identified as the most likely source of infection for a number of infected premises associated with personnel in the above table. Wild animals have not been identified to be the source of infection for any infected premises. No outbreak has been specifically attributed to recreational walkers. Provided they follow the advice and guidance provided, the risk of spread by walkers is very small.

Foot and Mouth Disease

Lord Greaves: asked Her Majesty's Government:
	What is their latest information on the cause of the outbreak of foot and mouth disease in the Craven area of North Yorkshire (the "Settle rectangle").

Lord Whitty: Epidemiological investigations are still in progress as to the source and mechanisms of spread of infection in the Settle/Clitheroe area. Investigations are focusing on the movement of animals, people or vehicles from an infected area as both the source and the mechanism of spread in the area.

Foot and Mouth Disease

Baroness Byford: asked Her Majesty's Government:
	Whether the Department for the Environment, Food and Rural Affairs has decided what period must elapse between the last notification of foot and mouth disease in England and Wales and the reopening of the Over Thirty Month Scheme.

Lord Whitty: The Over Thirty Month Scheme has been suspended, other than in Northern Ireland and for casualty animals in Great Britian, due to the outbreak of foot and mouth disease. The scheme will be reopened as soon as the processing capacity, which has been diverted to deal with the foot and mouth outbreak, can be made available to the scheme.

Peaches: EU Marketing Standards

Lord Morris of Manchester: asked Her Majesty's Government:
	Whether they will seek any change in the European Union directive which states that from 1 July a peach may not be offered for sale unless it has a minimum diameter of 56 mm.

Lord Whitty: Officials met representatives of one of the multiple retailers last week to discuss their concerns about the EU marketing standards for peaches and now await their written proposals on amendment of the marketing standards in respect of organic produce. Subject to wider consultation with UK interests, officials stand ready to explore the possibility of changes to the standards with the EU Commission and other member states in the autumn.

Clinical Negligence System: Reform

Lord Tomlinson: asked Her Majesty's Government:
	What plans they have to introduce proposals to reform the clinical negligence system.

Lord Hunt of Kings Heath: My right honourable friend the Secretary of State for Health has announced our intention to publish a White Paper early in 2002 on reforming the way clinical negligence claims are handled.

Diabetes as Cause of Death

Lord Harrison: asked Her Majesty's Government:
	Whether they will ensure accurate recording of death due to diabetes on death certificates so as to get a more accurate picture of the extent to which diabetes leads to death.

Lord McIntosh of Haringey: The information requested falls within the responsibility of the National Statistician, who has been asked to reply. Letter to Lord Harrison from the Executive Director, Office for National Statistics, Mr John Pullinger, dated 11 July 2001.
	The National Statistician has been asked to reply to your recent question on whether Her Majesty's Government will ensure accurate recording of death due to diabetes on death certificates so as to get a more accurate picture of the extent to which diabetes leads to death. I am replying in his absence. (HL153)
	The Office of National Statistics (ONS) places great importance on the quality of the information collected through the deaths registration system and constantly seeks to ensure that this remains fit for purpose, reliable and authoritative.
	Doctors are required to certify all deaths to the best of their knowledge and belief. They should describe the sequence of diseases or injuries which led to the death, and other conditions which may have contributed to it. The earliest event in the sequence is the underlying cause of death. Guidance notes on completion are contained in every book of death certificates. These follow the recommendations of the World Health Organisation and national legal requirements. These notes were thoroughly updated in 1997.
	According to ONS statistics, about 6,000 people die with diabetes as the underlying cause of death in England and Wales each year. Since 1993, ONS has also published statistics using all the conditions mentioned on the death certificate. These show that 18,500 have diabetes mentioned on their death certificates but not as the underlying cause.
	Most people dying today have a number of diseases, conditions and complications. It is up to the attending doctor to decide what contribution each disease makes to the death. ONS ''instructions to certifiers'' and training material aim to help them to do this accurately and consistently.
	ONS produced a video and other training material for medical students and doctors on how to certify cause of death. These were sent to all medical schools and postgraduate deans in England and Wales, and continue to be distributed. ONS is exploring other ways of providing training and advice.

Motorway Service Station Standards

Lord Lester of Herne Hill: asked Her Majesty's Government:
	In the light of the report in the Financial Times of 30 June, what measures they will introduce to ensure that British motorway service stations provide as good a service as those of other European countries, notably France, as regards the quality of food, the behaviour of staff, hygiene standards, overcrowding, and high pricing; and, if they do not intend to introduce such measures, why not.

Lord Falconer of Thoroton: Successive governments have imposed a range of requirements which apply to all motorway service areas (MSAs). These, though, are essentially safety related, day to day management of MSAs being a matter for their private sector operators. It is disappointing that the survey reported in the Sunday Times found that, in these respects, operators here compared poorly with their European counterparts. I do not believe it is for the Government to intervene in the running of private businesses but we are considering what scope exists to increase competition in the MSA sector with the aim of improving standards across the board.

Rail Fare Comparisons

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they have information comparing the price of rail fares in the United Kingdom with those of France, Germany and Italy; and, if so, whether they will publish the same.

Lord Falconer of Thoroton: No simple comparisons can be made. Most European countries base fares solely on distance travelled. The UK fares structure is much more commercially based. A wide range of fares are offered, ranging from full-fare full-flexible tickets at rates often higher than many European countries through to highly-discounted advance purchase tickets at rates often less than for comparable journeys abroad. A number of European train services are now beginning to follow UK practice in developing more market-based pricing.

Electronic Delivery of Government Services

The Earl of Northesk: asked Her Majesty's Government:
	Whether they agree with the view expressed by the e-Envoy, Mr Andrew Pinder, that the target to deliver all government services online by 2005 will not be met unless higher levels of private sector funding are secured; and, if so, what plans are in place to secure such funding.

Lord Macdonald of Tradeston: The e-Envoy has not expressed the views which the noble Earl has attributed to him.
	The e-Envoy has, however, long advocated greater involvement with the private sector in the electronic delivery of government services. There are a number of forms such co-operation can take, but the e-Envoy has focussed particularly on the private sector's role in helping present e-government services to citizens and businesses in a customer focused and joined up way. For example, the Office of the e-Envoy is building on work with the Post Office, Ihavemoved.com and simplymoved.com. on the Change of Address Portal, and the Inland Revenue is working with various organisations which provide alternative ways of completing tax returns.

Broadband in the UK

The Earl of Northesk: asked Her Majesty's Government:
	What proposals they have to address the current difficulties relating to broadband penetration and pricing, identified recently by the e-Envoy, Mr Andrew Pinder, as representing a potential threat to the target of the United Kingdom having the most extensive broadband market and coverage in the Organisation for Economic Co-operation and Development.

Lord Macdonald of Tradeston: UK online: the broadband future set a new target--for the UK to have the most extensive and competitive market for broadband in the G7 by 2005--and outlined a series of actions to help achieve this.
	In every country the broadband market is at a very early stage, it is therefore more relevant to measure availability of broadband services as a foundation for market evolution. In the UK, 50 per cent of households are now served by a broadband-enabled exchange, according to the OECD. This places the UK on a par with Italy and Australia and ahead of Japan, France and Holland.
	Cable companies in the UK and abroad are rolling out broadband cable modem services and licences for broadband fixed wireless access have been issued for areas covering 60 per cent of the population. Together, this represents a firm foundation for continued rapid growth in adoption of broadband services in the UK. Independent research from Datamonitor & IDC, featured in UK online: the broadband future, anticipates that the UK will have a higher percentage of households connected to broadband than the majority of its G7 and EU competitors by 2004.
	Progress has also been made on reducing the cost of broadband services. The last Oftel report showed that business broadband services in the UK are cheaper than France and in some cases Germany. The cable companies, ntl and Telewest, whose networks pass 50 per cent of UK households, offer broadband services at prices which are among the lowest in the OECD.
	Prices over xDSL broadband technologies are relatively expensive: however, the Government are increasing competitive pressure through the local loop unbundling process to help drive prices down. The e-Envoy has also suggested that BT and other operators consider offering lower specification, lower cost, entry products of the sort which have encouraged uptake in some other markets.

Regional Governance: White Paper

Lord Greaves: asked Her Majesty's Government:
	Whether they have a timetable for the publication of the White Paper on Regional Governance and for a subsequent period of consultation.

Lord Macdonald of Tradeston: As my right honourable friend the Deputy Prime Minister, said on 2 July 2001 (Official Report, col. 80W), the White Paper on Regional Governance will be presented to Parliament as soon as it is ready. The timetable and process for taking forward the proposals will be set out in the White Paper.

Parliamentary Commissioner for Administration

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will introduce a measure to enable the public to have direct access to the Parliamentary Commissioner for Administration; and, if not, why not.

Lord Macdonald of Tradeston: The review of the public sector ombudsmen in England, including the Parliamentary Commissioner for Administration, proposed the creation of a new body to fulfil the responsibilities currently carried out by the different ombudsmen. The review also proposed that dissatisfied complainants should be able to approach the new body directly, and made various other recommendations concerning the working methods of the new body and the arrangements for ensuring its accountability. A consultation exercise on the review has been completed and, in light of the responses to this, we will set out our conclusions in due course.

Education and Youth Council, 28 May

Baroness Gould of Potternewton: asked Her Majesty's Government:
	What the outcome was of the Education and Youth Council held in Brussels on 28 May; and whether they will make a statement.

Baroness Ashton of Upholland: The UK was represented at the Education and Youth Council by Baroness Blackstone, then Minister for Education and Employment in the Lords, Jane Davidson AM, Minister for Education and Lifelong Learning and Paul Boateng, who was then Deputy Home Secretary and Minister for Young People.
	Education
	The Council discussed the follow-up to the report on concrete future objectives of education and training systems (presented to the Stockholm European Council in March 2001) and agreed Conclusions which identified: basic skills; ICT; and mathematics, science and technology as priority areas for early work.
	The Council adopted a Resolution on the role of education and training in employment related policies.
	The Council reached political agreement on the adoption of the draft Recommendation on mobility for students, persons undergoing training, volunteers, teachers and trainers, on the basis of the Council's common position as amended by the European Parliament at second reading.
	The Council adopted a Resolution on eLearning. In addition, the Commission presented its eLearning Action Plan.
	The Council received information from the Presidency on: the conference of European Education Ministers to be held in Riga on the theme eLearn for Life; the Commission's plans for future co-operation with third countries in the field of education and training; progress of the European Year of Languages; and the development of a European Curriculum Vitae.
	Youth
	The Council received information from the Commission about consultations which had taken place on the proposed White Paper for Youth Policy. The Council reaffirmed its commitment to the publication of the Commission's White Paper in the Autumn.
	The Council adopted a Resolution on combating racism and xenophobia on the Internet; and a Resolution on promoting the initiative, enterprise and creativity of young people.
	A copy of the Council minutes will be placed in the Library in due course.